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HomeMy WebLinkAbout52-05 Minor Mod. 11/2005 Permit Class Permit Number MODIFICATIONIMINOR 52-05 Or STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission copy 40 for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 l+e X Excavation and/or filling pursuant to NCGS 113-229 Leh • 'c }Crr ,. yy b ',a, 4 �,�:i' nr+9ya•#- +� � Yy•}�"sv�.[t 4 ,45y7cv 41bt - ta.� ;4 Issued`to OceanaMarinii,tfC and Oceana HOA, 1535 Caraleigh Mills'Ct 115,Raleigh,NC 27603 Authorizing development in New Hanover County at adj. to AIWW,401 Marina St., Carolina Beach , as requested in the permittee's letter dated _10/19/05. including the attached workplan drawing(1), dated 10/18/05. This permit, issued on November 14, 2005 , is subject to compliance with the application (where consistent with the permit),all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Shoreline Stabilization 1) The bulkhead alignment shall adhere expressly and specifically to the alignment depicted in the attached workplan drawing. 2) The bulkhead shall not extend waterward more than 2 feet from the face of the existing piles at any point along its alignment. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit shall be accessible on-site to Department personnel when the project is inspected for compliance. / ;;�� Charles S. Jones, Director Any maintenance work or project modification not covered Division of Coastal Management hereunder requires further Division approval. All work shall cease when the permit expires on This permit and its conditions are hereby accepted. December 31,2008 `rn'•! U C � nr�t In issuing this permit, the State of North Carolina agrees �((///��//`����'� I that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee YN^:-0Ob44-0K•OC474"i.:vOC+t:-04}}Oti }p.}yb.}}0?0-0NC :4 }:-:^X:••:-}}pp-0v�Y}h4>.1K+ri'•h}Otti}p.p..'y^:47i:-:4h`ti-}}Qy.;1 Occana Marina,LLC and Oceana HOA Permit#52 05 Page 2 of 3 ADDITIONAL CONDITIONS 3) he bulkhead shall be constructed prior to any backfilling activities. 4) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 5) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other " Al suitable materials approved by department personnel. No excavation or other land disturbing activities is permitted except for that which shall be required for the construction of the bulkhead wall, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. 6) The fill material shall be clean and free of any pollutants except in trace quantities. 7) All fill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 8) No backfill material is to be placed within 30 feet of the normal high water line, except that which shall be used to backfill the area behind the permitted bulkhead. Sedimentation and Erosion Control Y 9) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). At a minimum, a silt fence shall be properly installed immediately landward of the bulkead cap immediately following completion of backfilling activities. 10) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. General 11) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the ` opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, f upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 12) The re-installed walkway, utilities and gangways shall not exceed the dimensions present prior to their removal for the new bulkhead construction. 13) No wetlands shall be excavated or filled, even temporarily, without permit modification. F14) This arina,LLC and Oceana IIOA Permit#52-05 a Page 3 of 3 ADDITIONAL CONDITIONS minor modification shall be attached to the original of Permit No. 52-05, which was issued on 11/05, and copies of both documents shall be readily available on site when Division personnel inspect the project for compliance. 15) All conditions and stipulations of the active permit remain in force under this minor modification unless altered herein. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,', approvals or authorizations that may be required. ; NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal high water level. .0,,• .rK�C•M•M;�,•ri+,••t�}�}9+.hM`�:4:�9•}OJ44.,.:KK`,�n,.a•}0}PO•:-:-�:,}{4W4�k.}hM,R•:K -. ;. a"' :;cc . .. �:: ' . NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary November 15,2005 Oceana Marina,LLC and Oceana HOA 1535 Caraleigh Mills Court 115 Raleigh,NC 27603 Dear Sir or Madam: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. Please sign both the original (buff- colored form) and the Xerox stamped "Copy". Return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. Please retain the original (buff-colored form),as it must be available on site when the project is inspected for compliance. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A- 121.1 or 113-229.Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty(20)days,the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it is to your benefit to be sure that he fully understands all permit requirements. From time to time,Department personnel will visit the project site.To facilitate this review,we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Sincerely, A. � - Douglas V. Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Avenue, Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper Permit # DCM Coordinator: BLS hl � MAILING DISTRIBUTION: Permitee: rir 0,AeU aiu\. �L� _ �CQO'1q 404 Agent: DCM Field Offices: E 'zabet orehead Ci Wa in on Wilmingto US Army Corps o Engineers(USACE): Washington: Mike Bell(NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland Wilmington: ave TiMpy(NCDOT) Henry Wicke Others: Cultural Resources: Renee Gledhill-Early Environmental Health: Terry Pierce Marine Fisheries: Mike Street NCDOT: Ken Pace Shellfish Sanitation: Patty Fowler State Property Office: Joseph Henderson Water Quality: Cyndi Karoly(for non-DOT) John Hennessy(NCDOT) Wildlife Resources: Maria Tripp David Cox(NCDOT) Travis Wilson(NCDOT) LPO: FAXING DISTRIBUTION: Permitee at Agent at DCM Field Offices: Elizabeth City(252/264-3723) Morehead City(252/247-3330) Washington(252/948-0478) Wilmington(910/350-2004) US Army Corps of Engineers(USACE): Washington: Mike Bell(NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland(252/975-1399) Wilmington: Dave Timpy(NCDOT) Henry Wicker(910/251-4025) CANIA Atajor Permit Process Manual Pave 70 of 70 All ���A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary MEMORANDUM TO: Doug Huggett W e p v{•'v Permits Section V FROM: Robb Mairs Field Repre entative, Wilmington THRU: Jim Gregson, VZI n District Manager, W lmington ocr , DATE: October 24, 2005 Z 7?OQS for SUBJECT: Permit Modification Request oh�"QF^ CAMA Major Permit No.52-05 4�,j/0C Oceana Marina, LLC and Oceana Marina HOA �✓�wI New Hanover County Mr. Gary Greene, agent for Oceana Marina, LLC and Oceana Marina HOA, is requesting a minor modification of State Permit No. 52-05. State Permit No. 52-05 was issued to Oceana Marina, LLC and Oceana Marina HOA on April 11, 2005 for the maintenance dredging of their existing joining marina facilities. State Permit No. 52-05 is due to expire on December 31, 2008. Mr. Greene is requesting that the permit be modified to allow for the replacement of the existing, rotting wooden bulkhead alignment located throughout the interior portions of both facilities, adjacent to the AIWW, Myrtle Grove Sound. Mr. Greene states that approximately 1,233 linear feet is located within the within the interior portion of the facilities, which would be replaced two feet waterward of the existing alignment. The applicant has submitted a check (ck. # 2839) in the amount of$100.00 for the modification request. This Office has no objection to the permit modification request. Enclosures cc: Wilmington Files Mike Hoffer, LPO 127 Cardinal Drive Extension,Wilmington,North Carolina 28405-3845 Phone:910-796-7215\Fax:910-395-3964\Internet:http://www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper ECEIVED GARY GREENS DCMRWI M NGTON,, NC E N G I N E E R S POST OFFICE Box 99213 Q C T 2 0 2005 RALEIGH,NORTH CAROLINA 27624-9213 USA 919-855-8488 FAX 919-855-8489 E-MAIL:GKGREENE@a GARYGREENE-ENGINEERS.COM DESIGN MANAGEMENT PLANNING CIVIL TRANSPORTATION MARITIME STRUCTURAL October 19, 2005 Robb Mairs Field Representative Division of Coastal Management 127 Cardinal Drive Ext Wilmington,North Carolina 28405-2004 Subject: Minor Modification of Permit Number 52-05 for Bulkhead Replacement within the Harbor Oceana Marina LLC and Oceana Marina Homeowners Asscociation Dear Robb: On behalf of Oceana Marina LLC and Oceana Marina Homeowners Asscociation,we are requesting modification of Permit Number 52-05 to allow for replacement of the existing timber bulkhead located within the harbor of subject project. All replacement work will cease at the confluence of the existing bulkhead with the existing rock breakwater. The existing bulkhead is exhibiting deterioration of both the timber wall elements and the anchor rods. Work will involve removal of existing board walk at top of existing wall along with temporary removal of gangways and utilities. A new bulkhead will be constructed approximately 2 feet from the face of the existing piles along with installation of new anchors. Upon completion of the sheeting, the walkway, utilities and gangways will be installed. A site plan and typical section of the proposed work is attached to this correspondence. We trust that the information provided in this request letter is sufficient for your review. Enclosed is a check made payable to the Division of Coastal Management in the amount of$100 for minor modification permit fee. If additional information is required or you have any questions, please advise. Sincerely, Gary Greene +10.0 100 YR FEMA ZONE A9 �Q FEMA MAP 375347 9/4/86 +6.5 OflO +2.20 MHW � 0.00 DATUM (NGVD 29) Ed —2.01 MLW Q om, LU- II U TFT REPLACEMENT Q OF BULKHEAD DREDGE DEPTH —8.0 —1233. FEET _ —8.0 OCEANA MARINA— TIDAL SECTION �4 f 2' NEW DRILLED ANCHOR SITE PLAN 1"= 200' Z NEW SHEETING AND CAP RECEIVED DCM WILMINGTON, NC OCT 2 0 2005 TYPICAL SECTION NITS PURPOSE: REPLACE BULKHEAD PLAN AND SECTION GARY GREENE MINOR MOD TO PERMIT No 52-05 BULKHEAD REPLACEMENT ENGINEER S PO BOX 99213 RALEIGH, NC 27624 DATUM: NGVD IN: AIWW® CAROLINA BEACH BASIN APPLICANT: OCEANA MARINA, LLC RIVER MILE:N/A ADJACENT PROPERTY OWNERS: 1535 CARALEIGH MILLS CT 1. _ COUNTY OF:CAROLINA BEACH, NEVA9]AIGQVE 2 — RALEIGH, NC 27603 DATE: 10/18/o5 SHEET PI of 1